DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Amendments to specification of 11/28/2025 acknowledged and entered.
Amendments to claims 1, 4-6, 10, 13, 14, 17, 18 of 11/28/2025 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 9, para. 2-4, filed 11/28/2025, with respect to specification and abstract have been fully considered and are persuasive. The objection of 8/8/2025 has been withdrawn.
Applicant’s arguments, see p. 9, para. 5-6, filed 11/28/2025, with respect to claims 1, 4-6, 10, 13, 14, 17, 18 have been fully considered and are persuasive. The USC 112 rejection of 8/8/2025 has been withdrawn.
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive.
Regarding p. 10, para. 3, applicant argues that the wall of Wickersheim does not constitute a partition perpendicular to an insertion axis. Examiner is not in accordance. The term “provided… perpendicular to an insertion axis” is not a specific enough delineator to overcome the standing rejection to Wickersheim. The wall is formed in an annular shape with a length that is parallel to the insertion axis, but this is a product of being a 3-dimensional object. All objects would have dimensions perpendicular and parallel to the insertion axis by virtue of having 3 dimensions. Rather, the circular face of the wall is provided perpendicular to the insertion axis in as much as the tangent of all points along the circular face would be perpendicular (see dotted arrows in annotated fig. 3). A cross-section of the device normal to the longitudinal axis shows the ring form. The ring-shaped wall separates spaces perpendicular to the insertion axis of the device (see solid line in annotated fig. 3). There are as many metrics by which the wall of Wickersheim could be considered normal as it could be considered parallel.
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Regarding p. 10, para. 5, examiner is further not in accordance with applicant’s appraisal that the amendments overcome the standing rejection. Applicant argues that the magnets of Wickersheim are not connected in the direction parallel to the longitudinal axis. Attached below is an annotation of fig. 4 of Wickersheim showing the force of attraction in dotted arrows and the line connecting them in solid black. As can be seen, the magnets 15 of Wickersheim have a portion parallel to the longitudinal axis along which the magnetic forces act on each other and are connected along that length. Examiner is not convinced that the magnets are not connected to each other in a direction parallel to the insertion axis as a result. Examiner might recommend instead drawing a distinction between the relative proximal/distal positions of the magnets, for example, if applicant is attempting to encapsulate the positioning of magnets 103 and 104 of fig. 5 of the instant application.
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For the above reasons, examiner is not in accordance that the standing USC 102/103 rejections of 8/8/2025 are overcome by the amendments of 11/28/2025.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10, 12, 14, 15, 20, 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wickersheim (US 20190117048 A1).
Regarding claim 1, Wickersheim teaches An endoscope comprising:
a protection sheath (fig. 2, element 25, [0065], housing 25) that forms an insertion unit;
a pipe-like case (fig. 4, element 4, [0047], separating wall 4 ) that is connected to a proximal end side of the protection sheath;
a distal end optical system (fig. 2, element 28, [0068], optical unit 28) that is provided at a distal end of the protection sheath and that defines a distal end side of a sealed space formed in the protection sheath and the case;
a partition wall (fig. 4, element 4, [0047], separating wall 4 is a part of the case and defines the case) that is provided in the case, is perpendicular to an insertion axis of the insertion unit, and defines a proximal end side of the sealed space;
a shaft member (fig. 2, element 24, [0065], inner body 24 is rotatably mounted relative to the housing 25) that is inserted into the protection sheath and that is rotatable relative to the protection sheath in a direction around the insertion axis;
an image pickup unit (fig. 2, element 27, [0067], image sensor 27) that is provided at a distal end of the shaft member and that picks up an image of light passing through the distal end optical system; and
a magnet coupling (fig. 3, element 6, [0048-50], magnetic dipoles 6) which includes a first magnet provided in the sealed space and a second magnet provided outside the sealed space with the partition wall interposed therebetween, of which the first magnet is connected to a proximal end side of the shaft member, and of which the first magnet and the second magnet are magnetically connected to each other in a direction parallel to the insertion axis (fig. 3, element 2, 3, [0046], magnetic coupling 1 has two rings, 2, 3),
wherein the magnet coupling and the case are rotatable relative to each other in the direction around the insertion axis (fig. 3, element 9, [0049], rotation direction 9).
Regarding claim 2, Wickersheim teaches The endoscope according to claim 1,
further comprising:
a signal line (fig. 3, element 11, [0050], electronic functional unit 11 could include a printed circuit board and is arranged on the space of the inner ring) that is connected to the image pickup unit,
wherein each of the first magnet and the second magnet is formed in a shape of a disk (fig. 3, inner and outer rings 2 and 3 are shaped like discs with holes through the center) perpendicular to the insertion axis and includes an insertion hole into which the signal line is to be inserted (fig. 3, signal line 11 is disposed within the gap 10 of the outer ring 3 and in the hole in the magnetic ring of inner ring 2).
Regarding claim 3, Wickersheim teaches The endoscope according to claim 1,
further comprising:
a signal line (fig. 3, element 11, [0050], electronic functional unit 11 could include a printed circuit board and is arranged on the space of the inner ring) that is connected to the image pickup unit,
wherein each of the first magnet and the second magnet includes a magnet holding part that includes an insertion hole (fig. 3, signal line 11 is disposed within the gap 10 of the outer ring 3 and in the hole in the magnetic ring of inner ring 2) into which the signal line is to be inserted and is formed in an annular shape as viewed from the partition wall, and a plurality of individual magnets that are provided on the magnet holding part at intervals and that have magnetic poles in an axial direction of the insertion axis (fig. 3, inner and outer rings 2 and 3 are shaped like discs with holes through the center), and
the magnet holding part of the first magnet is connected to the proximal end side of the shaft member (fig. 4, element 24, [0050], inner body 24 is the proximal portion of inner body 24 of fig. 2).
Regarding claim 4, Wickersheim teaches The endoscope according to claim 3,
wherein the plurality of individual magnets are provided on the magnet holding part in the direction around the insertion axis (fig. 3, element 6, [0050], magnetic dipoles 6 are disposed around the longitudinal axis).
Regarding claim 5, Wickersheim teaches The endoscope according to claim 4,
wherein the plurality of individual magnets are provided on the magnet holding part at regular intervals in the direction around the insertion axis (fig. 3, element 6, magnets are disposed at regular angular intervals).
Regarding claim 6, Wickersheim teaches The endoscope according to claim 4,
wherein magnetic poles of one of the individual magnets adjacent to each other in the direction around the insertion axis are reversed with respect to magnetic poles of the other of the individual magnets (fig. 3, element 6, [0004], sequence of alternating poles are disclosed).
Regarding claim 7, Wickersheim teaches The endoscope according to claim 4,
wherein the plurality of individual magnets are eccentric to an outer peripheral side of the magnet holding part in a case where the magnet holding part is viewed from the partition wall (fig. 3, element 6, magnets are not disposed at the rotational axis 17, but around it).
Regarding claim 8, Wickersheim teaches The endoscope according to claim 3,
wherein the individual magnet has a shape extending in a direction parallel to the insertion axis (fig. 4, element 6, magnets clearly have a depth, and must regardless if shown due to existing in 3-dimensional space).
Regarding claim 10, Wickersheim teaches The endoscope according to claim 2,
wherein the shaft member is an inner sheath into which the signal line is inserted (fig. 3, element 11, [0050], electronic functional unit 11 could include a printed circuit board and is arranged on the inner body 24),
the endoscope further comprises a proximal end optical system (fig. 2, element 28, [0067], optical unit 28 is proximal to the distal tip, which contains a viewing window that could be considered the distal end optical system) that is provided at a distal end of the inner sheath and that guides light, which passes through the distal end optical system, to the image pickup unit, the image pickup unit includes an image pickup element that picks up an image of light incident through the proximal end optical system and that outputs an image pickup signal to the signal line, and the distal end optical system, the proximal end optical system, and the image pickup element are rotatable relative to each other in the direction around the insertion axis ([0067], viewing angle of the optical unit is able to be set by rotation of the housing 25, which is rotatable relative to the inner body 24).
Regarding claim 12, Wickersheim teaches The endoscope according to claim 1,
wherein the distal end optical system (fig. 2, element 28) includes a distal end portion body (fig. 2, element 25, housing 25 holds the distal end lens in place) and a distal end lens barrel (fig. 2, optical unit 28 and illumination units are disposed behind an unlabeled component which must allow through light for the imager to function) fixed to the distal end portion body.
Regarding claim 14, Wickersheim teaches The endoscope according to claim 1,
further comprising:
a first bearing receiving member (fig. 4 shows a groove attached to the proximal end of the inner member which interfaces with a cam disposed in the actuation apparatus) that is fixed to the first magnet in the sealed space of the case; and
a first bearing (fig. 4 shows a groove attached to the proximal end of the inner member which interfaces with a cam disposed in the actuation apparatus) that is fixed to the first bearing receiving member and that is inscribed in the case,
wherein the magnet coupling and the case are rotatable relative to each other in the direction around the insertion axis via the first bearing ([0067], viewing angle of the optical unit is able to be set by rotation of the housing 25, which is rotatable relative to the inner body 24).
Regarding claim 15, Wickersheim teaches The endoscope according to claim 14,
wherein the proximal end side of the shaft member is connected to the first bearing receiving member (fig. 4 shows a groove attached to the proximal end of the inner member which interfaces with a cam disposed in the actuation apparatus).
Regarding claim 20, Wickersheim teaches The endoscope according to claim 1,
wherein the distal end optical system includes a second refractive optical element that refracts light, which is incident in a direction inclined with respect to the insertion axis, parallel to the insertion axis.
Regarding claim 21, Wickersheim teaches The endoscope according to claim 20,
wherein the distal end optical system includes a distal end portion body and a distal end lens barrel fixed to the distal end portion body, and the distal end lens barrel houses the second refractive optical element.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wickersheim as applied to claim 2 above, and further in view of Wang.
Regarding claim 9, Wickersheim teaches The endoscope according to claim 2,
Wickersheim does not explicitly teach the device wherein the signal line includes a first signal line disposed in the sealed space and a second signal line disposed outside the sealed space, and
the endoscope further comprises an airtight connector that is provided in the partition wall and that connects the first signal line to the second signal line.
However, Wang teaches the device wherein the signal line includes a first signal line (fig. 3, element 304, [0052], electrical wires 304) disposed in the sealed space and a second signal line disposed outside the sealed space, and
the endoscope further comprises an airtight connector (fig. 3, [0052], motor housing space may be sealed from the immersion medium 306, shown in fig. 3 by a sealing section that the electric wires pass through) that is provided in the partition wall and that connects the first signal line to the second signal line.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sealing space of Wickersheim to include an airtight seal as taught in Wang in order to ensure optimal operating conditions for components (Wang [0052]).
Claim(s) 11, 13, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wickersheim as applied to claims 1, 10, 12 above, and further in view of Wu (CN 103767660 A).
Regarding claim 11, Wickersheim teaches The endoscope according to claim 10,
And an image pickup element-mounting part which is connected to a proximal end side of the proximal end lens barrel and on which the image pickup element is mounted.
Wickersheim does not explicitly teach the device wherein the proximal end optical system includes a proximal end lens barrel that is connected to the distal end of the inner sheath.
However, Wu teaches the device wherein the proximal end optical system (fig. 4, element 300, [0042], plane mirror 300) includes a proximal end lens barrel (fig. 4, element 600, [0043] rotating shaft 600) that is connected to the distal end of the inner sheath.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sealing space of Wickersheim to include an airtight seal as taught in Wang in order to ensure optimal operating conditions for components (Wang [0052]).
Regarding claim 13, Wickersheim teaches The endoscope according to claim 12,
the endoscope further comprises a proximal end optical system (fig. 2, element 28, [0067], optical unit 28 is proximal to the distal tip, which contains a viewing window that could be considered the distal end optical system) that is provided at a distal end of the inner sheath and that guides light, which passes through the distal end optical system, to the image pickup unit,
one of the distal end lens barrel and the proximal end lens barrel is fitted to the other of the distal end lens barrel and the proximal end lens barrel to be relatively rotatable in the direction around the insertion axis ([0067], viewing angle of the optical unit is able to be set by rotation of the housing 25, which is rotatable relative to the inner body 24).
Wickersheim does not explicitly teach the device wherein the shaft member is an inner sheath,
the proximal end optical system includes a proximal end lens barrel that is connected to the distal end of the inner sheath.
However, Wang teaches the device wherein the shaft member is an inner sheath,
the proximal end optical system includes a proximal end lens barrel (fig. 4, element 300, [0042], plane mirror 300) (fig. 4, element 600, [0043] rotating shaft 600) that is connected to the distal end of the inner sheath.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sealing space of Wickersheim to include an airtight seal as taught in Wang in order to ensure optimal operating conditions for components (Wang [0052]).
Regarding claim 19, Wickersheim teaches The endoscope according to claim 1,
the endoscope further comprises a proximal end optical system (fig. 2, element 28, [0067], optical unit 28 is proximal to the distal tip, which contains a viewing window that could be considered the distal end optical system) that is provided at a distal end of the inner sheath and that guides light, which passes through the distal end optical system, to the image pickup unit,
the image pickup unit includes an image pickup (fig. 2, element 27, [0067], image sensor 27) element that picks up an image of light incident through the proximal end optical system, and
a first refractive optical element (fig. 2, element 28, [0067], optical unit 28, rhomboid prism refracts light and directs it toward the pickup 27) that is connected to the image pickup element and that refracts light, which is incident from the proximal end optical system, toward the image pickup element, and
Wickersheim does not explicitly teach the device wherein the shaft member is an inner sheath,
the proximal end optical system includes a proximal end lens barrel that is fixed to the distal end of the inner sheath,
a holder that holds the first refractive optical element on a proximal end side of the proximal end lens barrel.
However, Wang teaches the device wherein the shaft member is an inner sheath,
the proximal end optical system includes a proximal end lens barrel (fig. 4, element 600, [0043] rotating shaft 600) that is fixed to the distal end of the inner sheath,
a holder that holds the first refractive optical element (fig. 4, element 300, [0042], plane mirror 300) on a proximal end side of the proximal end lens barrel.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sealing space of Wickersheim to include an airtight seal as taught in Wang in order to ensure optimal operating conditions for components (Wang [0052]).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wickersheim as applied to claim 1 above, and further in view of Naito (US 20150148607 A1).
Regarding claim 16, Wickersheim teaches The endoscope according to claim 1,
Wickersheim does not explicitly teach the device further comprising:
an outer pipe into which the protection sheath is inserted; and
a light guide that is disposed in a space between the outer pipe and the protection sheath.
However, Naito teaches the device further comprising:
an outer pipe (fig. 4, element 65, [0056], cylindrical body 65) into which the protection sheath is inserted; and
a light guide (fig. 4, element 42, [0050], light guide 42) that is disposed in a space between the outer pipe and the protection sheath.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Wickersheim to include a light guide as taught in Naito in order to allow for illumination of the operational space (Naito [0051]).
Regarding claim 17, Wickersheim in view of Naito teaches The endoscope according to claim 16,
Further, Naito teaches the device wherein the distal end optical system is fixed to a distal end side of the outer pipe (fig. 1, element 45, [0050], unpictured image pickup element images subject through observation window 45),
the endoscope further comprises an operation part that is connected to a proximal end side of the outer pipe and that houses the case (fig. 1, element 33, 77, [0048, 59], operation knob 33, holding case 77), and
in a case where a rotational force for rotating the operation part in the direction around the insertion axis is applied to the operation part, the rotational force is transmitted to the protection sheath and to the case via the outer pipe and the distal end optical system ([0048], bending wires 35a/b are connected to a pulley coupled to the bending operation knob).
Regarding claim 18, Wickersheim in view of Naito teaches The endoscope according to claim 17,
Naito teaches the device further comprising:
a tubular portion (fig. 1, element 77, [0059], holding case 77 is rounded in shape) that is provided on a proximal end side of the case;
a pipe-like extending part (fig. 5, element 91, [0063], cylindrical slider portion 91) that is provided on a proximal end side of the operation part and that is rotatable relative to the operation part in the direction around the insertion axis ([0063], slider portion is movable relative to the drive shaft); and
an extension part that is provided in the extending part and that connects the extending part to the second bearing receiving member ([0063], slider portion is attached to the intermediary member via the coupling member);
Further, Wickersheim teaches a second bearing receiving member that is fixed to the second magnet outside the sealed space (fig. 3, element 4, [0047], outer ring is mounted to the separating wall 4 in a rotatable fashion);
a second bearing that is fixed to the second bearing receiving member and that is inscribed in the tubular portion (fig. 3, element 4, [0047], outer ring is mounted to the separating wall 4 in a rotatable fashion).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795